If you’re the parent objecting to the move, you have the burden of proving that it would be detrimental to let the child relocate with the custodial parent and that a change in custody to the noncustodial parent is appropriate. The Alabama Petition for Child Custody can be obtained by searching online or through the state court. In the past couple of days my sister in law has had a feeling so she said that something isn't right in my home. Seeking the services of an Alabama family law attorney is the best way to ensure that your rights are represented, whether you are looking to establish a custody agreement or modify a current custody order. If you have previously been involved in legal custody disputes, you must provide information about these disputes to the court. Thanks to those who created this site. You must pay a filing fee in cash or with a money … Return to top, Each parents ability to provide a home for the child or children, Each parents financial ability to provide shelter, food, and clothing for the child or children, Each parents ability to foster and encourage a positive relationship between the child or children and the other parent, Each parents ability to make important decisions about the child or children’s health, education, and upbringing, Each parents ability to provide a proper education for the child or children, The parent’s agreement or lack of agreement when it comes to joint custody, The parents proximity to one another geographically as it relates to the ease of maintaining joint custody, The parents ability to communicate and work with one another and their ability to make joint decisions in the best interests if the child or children, The parents ability to give affections and encourage love between the child or children and the other parent, If either of the parents have any history of abuse, child abuse, spousal abuse, or kidnapping that should be addressed, A change in circumstances that has happened since the last child custody judgment was established, That the benefits of the child custody modification will more than offset the disruptive effect the change will cause to the child or children and the other parent, That the modification of the child custody agreement is in the best interest of the child or children, The child or children’s ages and needs (the judge will likely give special consideration to those children who have special needs), The quality of the relationship between the child or children and the parent who wishes to relocate, The quality of the relationship between the child or children and the parent who is not relocating, Whether or not the reason for the relocation will help to improve the parent and child or children’s lives (this can include financially, emotionally or educationally), The cost and availability of communication alternative between the child or children and the parent who is not relocating, The reasons why the non-moving parent is protesting the other parent moving, The child or children’s preferences for who they wish to live with (this will be dependent on the child or children’s ages). Joint legal implies that both parents have the same rights when making The very first thing you need to do is contact your local family court and ask the clerk how you can obtain the papers you will need in order to file for child custody without a lawyer. How to Make a Will Legally Binding Regarding Custody of Children By Cindy DeRuyter, J.D. Getting Custody of a Child Without a Lawyer . The staff is knowledgeable and attentive, and the help with documents preparation was excellent. The form must be used only for the first petition for child custody. and each parent, the living conditions of each parent, and more. Thinking about all that paperwork thing I was preparing for the worst. Parents can mutually work out the details of joint custody and present a written agreement to the court for approval. custody order. It is possible that, after the child custody agreement has been made, one parent will want to or need to relocate and wish to take the child or children with them. 1 When deciding whether joint custody is in the best interest of the child, a judge will look at: whether you and the other parent agree to joint custody; You are not obligated in any way to form an attorney client relationship. Everything was ready on time, and the court approved the papers without questions. Alabama requires the parent requesting the modification to demonstrate a list of things in order for them to possible obtain the modification they are seeking. Joint Custody. Joint custody means that both parents share custody of the child, while sole custody means one parent is considered the custodial parent and the other is the non custodial parent. Despite the COVID-19 outbreak, we are still open, and will remain so. For joint physical custody cases, a family court can award joint custody, whereby one parent is designated the primary custodian of the children and the other is the secondary custodian. The state of Alabama, however, typically holds the opinion that joint custody is in the best interests of the child and will usually grant both parents custody. Thanks for the help! Determine the rules and procedures of your specific state court. Thanks for the preparation of all the paperwork, it was really fast and helpful for me!. To change custody in a prior case in Alabama, the courts use a standard based on a 1984 case called Ex Parte McLendon. Typically, custody is handled in one of two ways: A parent may have sole custody or both parents may share joint custody. Filing for Custody. Additional Provisions — Physical Custody Attachment (Form FL-341(D)) Joint Legal Custody Attachment (Form FL-341(E)) See Going to Court to read more information about how to prepare for your court hearing. Whenever possible, the court will encourage the parents to come to a mutual decision when it comes to the custody of their child or children in order to encourage positive communication and a positive relationship between the child or children and both of the parents. Our goal at FamilyLawRights.net is to get you started in the right direction by providing information and qualified advice from our affiliated attorneys. Grounds for Child Custody Modification in Alabama . Some of the factors loooked at to make this decision include: Dealing with a child custody battle can be difficult for the parents and the child or children involved in the case. Moving When You Have a Custody Order. Read 1 attorney answer . If she goes to file for temporary custody how does this work, and what happens on my end? parents, provided that doing so does not compromise his/her safety. Parents often share legal custody, even when one parent has primary physical custody. In the state of Alabama joint custody can be joint legal custody, joint physical custody, or both. We didn't have any problems with the court as well. Form PS–05 Page 1 of 2 Rev. Their support was quite helpful too. When determining child custody the judge will take the prudence and moral character of the parents into consideration, as well as the age, sex, and needs of the child or children involved in the situation. Divorce, Child Custody, Child Support, Family Law Rights. Joint custody means that both the mother and father have been found to act in the best interest of the child, and they will both have constant and continuous contact with the child. Alabama courts prefer to award joint custody, but will take into consideration the following criteria before making a determination: Each parent’s feelings on joint custody; Any history of child abuse, spousal abuse, or kidnapping We know you need support and we are here to help! child safety, the wishes of the child, age, the physical and mental health of the parents, the parents' I'm pleased with the service of AlabamaOnlineDivorce. In determining whether joint custody is in the best interest of the child, the court shall consider the same factors considered in awarding sole legal and physical custody and all of the following factors:(1) The agreement or lack of agreement of the parents on joint custody. Her assumptions are incorrect and it has caused a complete up roar in my family. When making this ruling, the judge will take many factors into consideration to make a final decision. Text version of this Form. Yes. FamilyLawRights.net provides you with helpful Family Law information to use at your own discretion. For those parents who wish to file and petition the court for custody of their child or children, it is very important that they understand how the child custody laws in Alabama actually work. Great service, affordable price, and - what's really important - clear explanations of what is happening! A parent with physical custody lives with … Child Custody Decisions Under Alabama Divorce Law. Learn about Child Custody in your area. A clerk can explain rules and procedures to you. In addressing the various aspects of custody, Alabama law favors joint legal custody as the preferred outcome. custody order. CONSULT THE SERVICES OF A DIVORCE ATTORNEY – The process to get joint custody of children … Alabama courts prefer to award joint custody and the court will consider a joint custody arrangement in every case. Child Custody Statutes in Alabama. Where do I get all those papers, how to fill them out and where to go and what to do? The site was easy to use and we got our completed divorce papers really quickly. The most common custody arrangement is joint custody. What Happens If There is a Child Custody Battle Between Unmarried Parents? Take your originals and 2 copies of each form to the court clerk in the same county where your current custody orders are from. The family court system in this state ideally wants to award custody to both parents so they can share the responsibilities and rights associated with raising their children. Since joint custody is the primary goal for the family court system, it is possible for courts in Alabama to order joint custody in a situation with or without the consent of the parents. (4) SOLE LEGAL CUSTODY. Because it encourages frequent, continuing, and meaningful contact with both parents, Alabama child custody laws and courts tend to favor granting joint custody to co-parents. The father, same as the mother, has the right to make important decisions in the child's life. The first step for a parent is sending a notice to the other parent by certified mail. preferences regarding custody, evidence of domestic violence in the family, the relationship between the child Our divorce papers were ready much faster than I expected. Alabama’s Custody Laws. Contact us today for a FREE Confidential Consultation from a Local Attorney. Our smooth breakup allowed us to file for uncontested divorce and we just decided to arrange it as simply as possible. Your access to the website is subject to our You must pay a filing fee in cash or with a money … In an ideal circumstance, both parents will want to have custody of the children and will be happy to share join custody. So that's why I used AlabamaOnlineDivorce and I was really satisfied. Joint legal implies that both parents have the same rights when making important decisions in a child's life, including education and health care. Alabama family courts will always assume that stability in the child or children’s lives is much more important to their well-being and upbringing than the constant changing of a child custody agreement. of the child. Wednesday, the Alabama House Committee on Children and Senior Advocacy held a public hearing on the Child Equal Access Act which would change Alabama’s rules on child custody so that the court prepares a detailed parenting plan in child custody cases and that the presumption is joint custody if both of the parents are fit. Welcome to your online Alabama divorce guide. AL grandparents can also file for full custody, guardianship, or adoption, to raise their grand-kids, through a AL family law custody … In some states, the court will require you and … Give us a call for a free phone consult with a child custody lawyer in Alabama to find out our retainer to file a custody petition in your case. When a couple who has children together decides to file for divorce or otherwise end their relationship, the custody of the children they share becomes a primary focus. Most divorce decrees in Alabama grant the parties “joint legal custody” with one parent having “primary physical custody.” This means that the children primarily live with one parent, but both parents have equal authority when it comes to decisions involving the children. Hearing, the judge will sign a court order custody disputes, you pay! Decisions based on a plan for raising their children after a separation or divorce pre-existing child custody law in,! 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